The Importance of Letters of Reference Following Termination of Employment
- Gwendolyn L. Adrian, Adrian Law
- May 1, 2015
- 2 min read
Having one's employment terminated is unpleasant whether it occurs for cause or because of other circumstances. Often the former employee is unsure of what type of reference he or she will receive and fails to ask for a letter of reference.
A recent Ontario Superior Court of Justice decision highlights the importance of the employer voluntarily providing such a letter. The former employee, who was terminated without cause, sued for damages related to the requisite notice period. The employer's defence included allegations that the employee had failed to mitigate his damages in finding replacement employment. In evaluating the issue of mitigation, Justice Taylor considered the fact that the employer had failed to provide the former employee with a letter of reference even though the former employee had not requested such a letter. His Honour noted that there was no obligation for the employer to assist the former employee in finding alternate employment but still considered this failure an "important factor" in his assessment.
The Lesson for Employers: In any legal action where a former employee sues for damages related to their termination, provide, or offer to provide, a letter of reference.
The Lesson for Employees: Ask for a letter of reference when leaving employment. It provides evidence of your commitment to an ongoing job search. Additionally, it provides insight into what type of reference you would be given if your former employer was contacted.
The content and the opinions expressed here is informational purposes only and does not constitute legal or professional advice. Nor does reading or commenting on it create a lawyer/client relationship with the author. I encourage you to contact me directly at adrianlawoffice@gmail.com if you have specific legal questions or concerns.
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